WEBSITE TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY ASTHEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.

BY ACCESSING OR USING WARNER TELECOMM’s WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY WARNER TELECOMM, LTD., (REFERRED TO HEREIN AS “WTL”) FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS CONTAINED HEREIN, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.

NO WARRANTIES. Material and information on this Website are provided as a service for information, personal, non-commercial, temporary viewing purposes only. WTL believes it to be reliable, but WTL makes no representation, endorsement, or warranty as to the accuracy or suitability for any particular purpose of the contents found herein. WTL does not warrant that the content and functions contained in this Website’s materials will be accurate, complete, uninterrupted or error-free; nor that defects will be corrected, or that this Website, or the server from which it is available, are free from viruses or other harmful components.

THE USE OF THE WEBSITE IS AT THE USER’S SOLE RISK. THIS WEBSITE, ALL INFORMATION AND MATERIALS CONTAINED OR PROVIDED HEREIN, ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, WTL MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRDY PARTY.

LIMITATION OF LIABILITY. IN NO EVENT SHALL WTL, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE BE LIABLE TO YOU FOR ANY DAMAGES OR INJURY THAT ARISE OUT OF, OR RESULT FROM YOUR ACCESS TO, OR USE OF THIS WEBSITE, OR FROM YOUR INABILITY TO ACCESS OR USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES OR INJURIES ARISING OUT OF DOWNLOADING ANY MATERIAL CONTAINED IN THIS WEBSITE OR FROM ACCESSING LINKS TO OTHER THIRD PARTY WEBSITES. NEITHER YOU OR WTL SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY A) FAILURE OF PERFORMANCE; B) ERROR; C) OMISSION; D) INTERRUPTION; E) DELETION; F) DEFECT; G) DELAY IN OPERATION OR TRANSMISSION; H) INCOMPLETE OR INACCURATE INFORMATION; I) VIRUSES; J) BUGS; K) HUMAN ACTION OR INACTION; L) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; M) THEFT OR DESTRUCTION; N) UNAUTHORIZED ACCESS; OR O) ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

USE OF WEBSITE. Contents and materials in this Website are included solely for the personal, non-commercial, temporary use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, remove any copyright or other proprietary notice from the materials, decompile or reverse engineer any software contained therein, or republish any of the Contents of this Website without the prior written consent of WTL, which may be withheld in its sole discretion. For purposes of the Terms and Conditions, “Content” refers to any information, names, images, pictures, logos, icons, documents, software and materials on the Website.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY. Except as otherwise expressly provided herein, all Contents of this Website, including graphics, icons and the overall appearance of the Website, are the sole and exclusive property of WTL. The posting of the Contents of this Website does not constitute a waiver of any WTL’s, or other third party’s rights, whether intellectual, proprietary or any other nature, including, but not limited to, copyrights, trademarks, servicemarks or patents. Further, such postings shall not constitute a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Website user or to any third party. Contents of this Website are protected by US copyright and trademark laws. You hereby agree not to remove, delete or modify any copyright, trademark or similar notice from any Contents you obtain from the Website.

The download of Content or other materials contained in this site, or any site linked to this site may result in an infringement of trademark and copyright laws.

THIRD PARTY MATERIALS. Some materials and information used on this Website (including, but not limited to, icons, graphics, links, descriptions, and general content) may have been generated by third parties (“Third Party Materials”) who have consented to WTL’s use or placement of such materials on this site. Such materials may be owned by those third parties. Persons seeking to use or modify Third Party Materials for any purpose must contact the owner of such materials directly.

Third parties may supply information for posting on, or accessing through this Website, but they do not control the contents or policies of this Website.

LINKS TO OTHER WEBSITES. WTL may establish links between this Website and one or more websites operated by third parties. WTL has no control over any such third party websites or the contents therein. The existence of any such links shall not constitute an endorsement by WTL of such websites, the contents of such websites, or the operators of said websites. WTL has not reviewed the sites linked to this Website and is not responsible for the contents of such sites. If you decide to access any third party links, you do so at your own risk.

MODIFICATIONS. WTL may at any time make modifications, deletions, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without liability or prior notice to you. It is your sole responsibility to regularly review the terms and conditions of use of this Website. Your continued use of this Website shall be deemed and construed as your acceptance of such modifications, changes, deletions or alterations.

SUBMISSION OF MATERIALS. Any and all comments, suggestions, ideas, graphics, or other information that you submit (whether submitted by delivery to WTL or transmitted or posted to this Website) may be used by WTL anywhere, anytime and for any reason whatsoever. By submitting such materials to WTL, you expressly grant WTL a royalty-free, fully paid up, transferable, non-exclusive, worldwide license to use, modify, create derivative works, display, perform, lease, sublicense, rent or sell such materials or information.
Any materials or information so submitted by you to WTL will be deemed as non-confidential and non-proprietary; and WTL will have no obligation to pay or compensate you for the use of any such ideas, materials or information.
You are prohibited from posting or transmitting to or from this Website any material that may constitute, or encourage conduct that may be considered, a criminal offence, give rise to civil liability, infringe upon a third party’s intellectual property rights, or otherwise violate any laws or regulations. While WTL may monitor and review your transmissions, WTL assumes no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

INDEMNIFICATION. To the extent permitted by applicable laws, you agree to defend, indemnify and hold harmless WTL, its directors, officers, employees and agents from and against any and all claims and expenses including attorney’s fees, arising out of (i) your failure to comply in any respect with these Terms and Conditions; and/or (ii) any third party claims made against WTL or other indemnified parties in connection with your use of this Website or materials or information contained therein.

JURISDICTION AND GOVERNING LAW. WTL does not represent that the materials published on this Website are designed or appropriate for use outside of the United States. If you access WTL’s Website from outside of the United States, please be aware you are responsible for compliance with any applicable local laws. To the extent any applicable local laws prohibit your viewing and use of this Website, you may not view or use this Website.
These Terms and Conditions and your use of this Website shall be governed and construed in accordance with the law of the Commonwealth of Pennsylvania, exclusive of its conflict of law provisions. You irrevocably and unconditionally submit to the exclusive jurisdiction of for any claim or action arising out of or relating to these Terms and Conditions or your use of this Website to the courts of the Commonwealth of Pennsylvania sitting in Allegheny County, for any action, litigation or proceeding arising from or relating to these Terms and Conditions. You expressly waive any claim that Allegheny County is an inconvenient forum.

SEVERABILITY. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

WAIVER. No waiver by WTL of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.

OTHER. You may at any time print, download and/or store this Agreement. If you experience any difficulty in printing, downloading or storing this Agreement, please contact us at the address listed below.

CONTACT INFORMATION. Requests for consent or approval of WTL or any notifications of claimed copyright infringement should be made in writing and directed to:

General Counsel, WARNER TELECOMM, LTD.
PO Box 5374
Pittsburgh, PA 15206

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Warner Telecomm, Ltd. - Online Privacy Policy

This website is maintained by Warner Telecomm, Ltd.. By accessing or using the www.warnertelecomm.com website, you agree to the terms of the Warner Telecomm, Ltd. - Online Privacy Policy, as outlined below. If you do not agree to these terms, please do not access or use this site. If you have any questions or concerns, please contact us at privacy@warnertelecomm.com.

Warner Telecomm has established this Online Privacy Policy to help you understand how it intends to treat your Personal Information.

We at Warner Telecomm, Ltd. ("WTL") are committed to respecting your online privacy and recognize the need for appropriate protection and management of your personal identification information ("Personal Information") that you share with us. Personal Information includes any information that may be used to identify you, such as: first and last name, home or other physical address, telephone numbers, e-mail addresses, or other contact information that is provided to us by you, or any other party. In general, you may visit WTL's web pages without disclosing to us who you are and without revealing any Personal Information about yourself. However, you should be aware that if you choose to provide us with your Personal Information, we may transfer such information, within WTL or to WTL's third party service providers, across borders and from your jurisdiction to other jurisdictions around the United States and the world (including countries that may not have adequate laws that protect the rights and freedoms of data subjects in relation to the processing of personal data), subject to the limitations of this Privacy Policy. BY SUPPLYING PERSONAL INFORMATION TO WTL, YOU CONSENT TO ANY SUCH TRANSFER.

WTL strives to comply with all applicable laws around the world that are designed to protect your privacy. Although legal requirements may vary from country to country, WTL is committed to adhere to the principles set forth in this Online Privacy Policy.

If you use location-enabled products and services, you may be providing WTL with location information. This information may or may not reveal your actual location. We may use your information to process and personalize your requests. We also may use the information to support, develop new features, and improve the overall quality of WTL's products and services. We may also use the information to show you a history of your activity, to provide you with statistics about you or your use of our product or service, or to provide you with a better user experience.

Cookies and Other Tracking Technologies

When you visit www.warnertelecomm.com, you may surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. "Cookies" cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, therefore allowing you to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access such pages.)

While WTL uses cookies to track your visit to www.warnertelecomm.com, and our web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provide WTL with Personal Information. WTL may collect the IP addresses logged by WTL servers for purposes of system administration, navigational load balance and to monitor, review or audit the usage of the WTL website. Should it become necessary for WTL to enforce users’ compliance with WTL’s terms of use and or service, or for WTL to comply with the mandates of a court issued subpoena, WTL may use de collected IP addresses to identify such users.

We may access and set cookies that provide useful information regarding our site, such as the pages visitors view. When we track activity on this or other WTL websites, we may collect information such as your IP address, browser type and version, and pages you view. We may also keep track of how you get to our sites and any links you click on to leave our sites. We do not track URLs that you type into your browser, nor do we track you across the Internet once you leave our sites. We use your website activity to assist you by reducing the need to re-enter your data and to help us resolve technical support issues. We may also use this information to offer you a personalized web experience, and to tailor our offerings to you.

To help us collect site usage data, we may use third party service providers to tag specific web pages and to send back to WTL usage information about that page via the use of cookies. These cookies do not transmit personally identifiable information to WTL or to our service providers. All web navigation data is used in the aggregate to improve our product and site performance.

Also, WTL uses certain software products that are web-enabled. You may access some of WTL services directly at WTL website or at websites linked to WTL. These services require Internet access and will open in a browser window, which will pass through a WTL server before being redirected onto the Internet. Once you are connected to the Internet and logged on to the WTL website from which the services are provided, we may also display messages, service information and/or help content during the session.

To provide you with services that connect with your telecommunications providers, we must gain access to your account. We will request the account or user name, password, account number and any other relevant information that you have set up with your telecommunications providers to enable the required access. We will use your login/access credentials to routinely update and maintain your telecommunications services usage on our business intelligence portals.

Policies

To protect your privacy, we have adopted the following principles:

Notice

WTL collects Personal Information on its website in order to record and support your participation in the activities you select. If you order a product or service, for example, the information is used to record your order, issue a quote if any, to enroll you for business intelligence services or technical support, or other services for which you may qualify. WTL also uses information that you provide as part of our effort to keep you informed about the status of your orders, available updates or upgrades, special offers, and other WTL products and services.

We will only collect Personal Information where it is relevant for the purposes for which we are collecting it. We will not process any Personal Information for any purposes that are incompatible with the purposes for which it has been collected or subsequently authorized by you.

Elective Choices

You may choose whether or not to provide Personal Information to WTL. However, when you engage in certain activities on this site, such as ordering products or services, WTL may require that you provide certain information about yourself by filling out and submitting an online form. It is entirely optional for you to engage in these activities. If you elect to engage in these activities, WTL may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information.

Security Measures

Wherever your Personal Information may be held by WTL, or by a third party on WTL’s behalf, reasonable and appropriate precautions, such as encryption, firewalls and like technologies, are and will be implemented to protect such Personal Information from loss, misuse, alteration or unauthorized access.

Only WTL employees or contractors with verified credentials are provided with access to the information you choose to provide to us. While WTL cannot guarantee that loss, misuse, alteration or unauthorized access to the data you provided shall not occur; WTL shall make all reasonable commercial efforts to prevent any such occurrences from happening.

Access/Accuracy

To the extent that you do provide us with Personal Information, WTL wishes to maintain it accurately and updated. Where we collect Personal Information from you, it is our goal to provide you with a means of contacting WTL in the event you need to access, update or correct such Information. If for any reason you desire to review the information provided, please contact us at privacy@warnertelecomm.com and we will make reasonable efforts to promptly honor your request. Further, if you notify us that such information is incorrect, or you wish to have such information removed, we will, upon your request, promptly correct, amend, or delete your Personal Information.

Third Party Services

In the interest of providing better service to its customers, WTL engages, from time to time, third party service providers to support services to WTL customers. When you submit personal information to WTL, you understand and agree that WTL may allow WTL’s authorized service providers to access your customer profile for the exclusive purpose of providing you with support services for WTL products.

Your Personal Information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant and subpoenaed. Occasionally, WTL allows access to database information to bonded mailing houses only for the purpose of allowing for the printing of mailing labels that are used for WTL's own direct mail and promotional purposes. In those limited instances, the third parties involved are strictly bound by these terms.

Also, sometimes we ask outside firms, or third parties, to help us provide services, such as designing a website, sending e-mails, registering a prospective domain name, or analyzing data. Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they're providing. We require vendors to strictly maintain the confidentiality of the information we provide to them.

We may disclose, access, or report personal information when we believe, in good faith, we're required to by law or to protect our legal rights. We may also do this in connection with an investigation into a suspected violation involving the Terms of Service, fraud, intellectual property infringement, or other activity that may be illegal or expose us to legal liability. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities or to comply with a court order, subpoena, search warrant, or law enforcement request.

Notwithstanding the foregoing limitations, you hereby agree that WTL may assign, sell, license, or otherwise transfer to a third party, your Personal Information including, without limitation, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of WTL or its affiliated entities.

Children's Privacy

www.Warner Telecomm.com is not designed nor structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age. If we are made aware that information is or has been submitted by or collected from a child under the age of thirteen, we will promptly delete this information.

Commitment

We, at WTL, are committed to your right to privacy and we support current industry initiatives to preserve the integrity of individual privacy rights on the Internet. Protecting your privacy on-line is a rapidly evolving area, and WTL's websites are continually evolving to meet these demands. If you have any comments or questions regarding our Online Privacy Policy, please contact us at privacy@warnertelecomm.com.

Your Consent

By using this website, you consent to the terms of our Online Privacy Policy and to WTL's processing of Personal Information for the purposes outlined above. Should the Online Privacy Policy change, we will take reasonable steps to ensure that these changes are brought to your attention by posting all changes prominently on our website for a reasonable period of time.

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